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New OPR Technical Advisory Lists Legislative CEQA Exemptions Found Outside Statute
  • Miller Starr Regalia
  • USA
  • June 8 2018

On June 6, 2018, the Governor’s Office of Planning and Research (OPR) announced that it had issued a new technical advisory listing legislative CEQA


Filtering The CEQA Noise: First District Upholds Santa Rosa’s Negative Declaration For “Dream Center” Youth Housing Project, Holds Non-Expert Predictions Of Significant Noise Impacts Failed To Raise “Fair Argument” Supported By Substantial Evidence
  • Miller Starr Regalia
  • USA
  • June 4 2018

A development project’s potential noise impacts can implicate complex and technical issues under CEQA, particularly where those impacts are asserted


Court Holds that HOA’s Short-Term Rental Regulations Constitute “Development” Under the California Coastal Act
  • Miller Starr Regalia
  • USA
  • May 11 2018

The harsh effects on property rights resulting from the California Coastal Act’s broad definition of “development” are on display again following the


When “Tigers Eat Their Young” - Federal Preemption Of CEQA In Context Of Railroad Projects Will Continue To Present Complex Issues Following U.S. Supreme Court’s Denial of Certiorari In Friends Of Eel River Case
  • Miller Starr Regalia
  • USA
  • May 4 2018

On April 30, 2018, the United States Supreme Court denied the petition for writ of certiorari filed in North Coast Railroad Authority v. Friends of


Attorney General Confirms that Disposition of Real Property Under Long Range Property Management Plan is an Administrative Act not Subject to Referendum
  • Miller Starr Regalia
  • USA
  • May 3 2018

On April 27, 2018, the California Attorney General published an opinion (No. 17-702) concluding that a City of Hollister resolution approving the


First District Rejects Numerous CEQA Challenges To RFEIR For Propane Recovery Project At Phillips 66 Company’s Rodeo Oil Refinery, Affirms Judgment Issuing Limited Writ
  • Miller Starr Regalia
  • USA
  • April 20 2018

In an opinion filed March 20, and later certified for publication on April 12, 2018, the First District Court of Appeal (Division 3) affirmed a


Court Holds that for Purposes of Calculating Level 1 School Impact Fees, “All Interior Space is Assessable”
  • Miller Starr Regalia
  • USA
  • April 3 2018

On March 29, 2018, in 1901 First Street Owner, LLC v. Tustin Unified School District, __ Cal.App.5th __ (2018) (Case No. G054086), the Fourth


Redrawing CEQA’s “Parking” Lines? Second District Holds Parking Impacts of Covina Mixed-Use, Transit-Oriented Infill Project Are Statutorily Exempt From CEQA Review, Rejects Related Map Act Challenge
  • Miller Starr Regalia
  • USA
  • April 3 2018

SB 743 was enacted in 2013 to further California’s efforts to reduce GHG emissions by encouraging transit-oriented, infill development - a strategy


Fourth District Upholds San Diego’s CEQA Class 3 Categorical Exemption Determination For Verizon’s Faux Tree Wireless Telecommunications Facility In Dedicated Public Park, Rejects City Charter Inconsistency Arguments
  • Miller Starr Regalia
  • USA
  • March 26 2018

In a published opinion filed March 15, 2018, the Fourth District Court of Appeal (Division One) affirmed the trial court’s judgment denying a writ


Another Day, Another Challenge to Local Zoning of Medical Marijuana Dispensaries Goes Down in Smoke
  • Miller Starr Regalia
  • USA
  • March 21 2018

In the year of the 25th anniversary of Groundhog Day, starring Bill Murray, about a weatherman named Phil Connors who finds himself repeatedly living